Alice-Mary Higgins (Independent) | Oireachtas source

First, on a point of information to the House, it is important to note that paragraph (c) of amendment No. 1, which is being discussed, is not a prescriptive list. Let us be very clear about that. It explicitly refers, for example, to psychological behaviour and states "but is not limited to" and gives examples. Where we have those examples it is very explicit that it includes what is set out but is not limited to them. There will be other behaviours that emerge.We want to move past having a woolly definition because there is a wide political perception that domestic violence constitutes physical abuse. It is a very strong argument that has been put forward. For example, Russia has moved to the point where only hospitalisation constitutes domestic violence. This is a trend and this is why we propose to name "psychological", "controlling behaviour" and "coercive behaviour". It is very clear that is not limited, but it is to build an understanding among judges and others practising the law that these are the kinds of things they can look to that might form part of a pattern. We are looking at a cultural shift in how we address this issue here. The amendment is constructive and not prescriptive. I do not believe we will have a comprehensive 23-page list. In legislation we may have a definition of robbery, but we do not need to list every item.

The psychological aspect is important because the European Union Agency for Fundamental Rights research on the impacts of violence against women across Europe shows that unlike other countries, Ireland has a longer impact of feelings of loss of control and loss of confidence. I believe psychological violence has a longer impact in Ireland because it is invisible in our system.

I wish to put a direct question to the Minister of State, with whom we are keen to work. Regarding amendment No. 52, I believe we need to have the crime of controlling or coercive behaviour in this legislation when we complete Committee Stage. I would be very happy to work with the Minister of State - I am sure others would also be happy to work with him - to improve that on Report Stage.

In deciding whether to press amendment No. 1, can the Minister of State confirm that on Report Stage he will introduce definitions of domestic violence and coercive behaviour, and that the definitions meet the standards set out in the Istanbul Convention that Ireland has signed and hopes to ratify? I recognise that others across this House reserve the right to improve on our amendments and produce their own on Report Stage. If there is a risk of an imperfect amendment, there is a greater risk of not fulfilling our obligations under the Istanbul Convention of not having a definition of domestic violence in this legislation. Will the Government introduce proposals and definitions on Report Stage to allow us not to have to press amendment No. 1 and constructively engage with the Minister of State? An open mind is not enough; we need a promise.